Will -- Proof - Self contradictory evidence by propounder of Will - In view thereof, Will is not proved beyond all reasonable doubt that testator executed the Will in sound disposing mind and in her free volition in favour of defendant excluding plaintiff...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused convicted on the solitary statement of PW8, brother of deceased - However, statement of PW8 is contrary to his earlier statement recorded by police u/s 161 Cr.P.C. and not corroborated by any documentary and oral evidence produced by prosecution - Statements of all the eye witnesses not reliable as contradictory with..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Wife seeking transfer of divorce petition - Evidence of husband already concluded - Evidence of wife is going on - Case is at the fag end - It is not appropriate stage to transfer the divorce petition, particularly on the self contradictory allegations levelled by wife which is not even proved..........
Indian Penal Code, 1860, Section 364, Evidence Act, 1872, Section 3 -- Abduction - Appreciation of evidence - As per evidence on record there is contradictory statements made by brother and father of victim - Even, brother and father deposed no, disclosure of place of confinement by victim - Moreover, I.O. was not examined to prove place of confinement as stated by victim..........
Indian Penal Code, 1860, Section 199, 200, Criminal Procedure Code, 1973, Section 340 -- False evidence - Mere fact that a person has made a contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution u/ss 199, 200 IPC - It must be shown that false statement was given intentionally in the judicial proceedings or false..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of sole witness - PW4 stated that he reached the place of occurrence after hearing cries regarding murder of deceased - Statement denotes that PW4 reached the spot after murder and he saw only departure of accused from the place of occurrence - PW4 further admitted that assault on deceased was committed by country..........
Evidence Act, 1872, Section 3 -- No evidence is required to discredit the testimony of witnesses whose evidence is self contradictory...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Contradictory statements given by mother and sisters of deceased - Even, there is delay in lodging of FIR which has not been explained by the prosecution - Moreover, procedure contained in Village Administrative Officers Manual while recording extra-judicial..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Hurling abuses - Incident took place in two parts - In the first incident, no abuses were hurled by accused towards first informant - However, in the second part of incident, abuses were allegedly hurled towards closed doors of complainant's house by accused - First informant..........
Indian Penal Code, 1860, Section 376, 323, 504, 506 -- Rape - Testimony of victim - Prosecutrix changing her version again and again which makes her testimony unreliable and unworthy of credence - Even medical evidence does not support prosecution version - Statement of all PWs are unreliable, improbable and contradictory to each other - Prosecution miserably failed to..........
